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WASHINGTON — Utah Republican Sen. Mike Lee has introduced federal legislation that seeks to push the major application stores on Apple and Android cellphones to verify the ages of users and prevent underage users from downloading certain apps.
The proposal is the latest in a series of state and federal bills aimed at protecting children online, particularly from the alleged harms of social media platforms. Lee's App Store Accountability Act would make it easier for parents to sue over allegedly harmful material while creating a safe harbor for app stores that implement age verification measures and parental oversight and enforce the accurate age rating of apps.
"For too long, app stores and developers have prioritized profits over the safety of our children," Lee said in a statement introducing the bill last month. "Parents are doing their best to shield their kids from harmful content, but the tools available are often ineffective, inaccessible and easy to bypass. This legislation puts parents back in control by holding app stores accountable and ensuring they offer robust protections for kids."
While lawmakers in several states — including Utah — have floated legislation to require that social media platforms use age verification technology, Lee's approach would put the onus on the app stores themselves, something social media giant Meta has lobbied for, according to the Washington Post.
Proponents of app store age verification say requiring Apple's App Store and Google's Play Store to enforce age standards for app downloads would even the playing field for companies that operate online platforms. Nathan Leamer, the executive director of the Digital First Project, argued in a Washington Examiner op-ed that Lee's proposal could also get around "legal challenges that have hindered other efforts to protect children online."
One such legal challenge from the industry group NetChoice has stalled the implementation of one of Utah's social media regulations, which would have required companies to verify the ages of users and restrict visibility for children's accounts.
NetChoice alleged that Utah's law violated the free speech guaranteed by the First Amendment, an argument the judge found "persuasive."
By enforcing age verification at the store level, Lee's bill could presumably avoid running into the same free speech issues.
Lee introduced his bill in late November, and Michigan GOP Rep. John James introduced a companion piece of legislation Wednesday. But with time running out on the current session of Congress, a spokesman for Lee said the bill likely won't advance for a vote until after the new Congress is sworn in early next month.
